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Report Examines ADAP Waiting Lists, Factors Contributing To Cost-Containment Measures
"ADAP Watch," National Alliance of State and Territorial AIDS Directors: The report found that as of May 20, 2009, there were 99 people on AIDS Drug Assistance Program (ADAP) waiting lists in Indiana, Montana, Nebraska and Wyoming -- 37 more people than the previous ADAP Watch report, published in March 2009. The report also found that 11 ADAPs anticipate implementing new cost-containment measures by the end of March 2010, six of which anticipate implementing a waiting list. In addition, the report identifies factors contributing to the need for cost-containment measures, and discusses how state budget deficits are affecting HIV programs, including ADAPs ("ADAP Watch," NASTAD, 6/4).
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New York Becomes First State To Allow Payment For Donating Eggs For Stem Cell Research
New York"s Empire State Stem Cell Board earlier this month decided to allow embryonic stem cell researchers who receive state funding to compensate women for donating their eggs for use in research, making New York the first state to enact such a policy, the Washington Post reports (Stein, Washington Post, 6/26). According to the New York Times, the New York state Legislature in 2007 allotted $600 million for an 11-year stem cell research plan (Nelson, New York Times, 6/26). Under the board"s decisions, researchers receiving the state funding may pay women up to $10,000 to compensate them for the time, discomfort and expenses associated with egg donation. David Hohn, vice chair of the board"s two committees that endorsed the decision, said that the board "could not distinguish ethically between the payment for in vitro fertilization, which is very well precedented, and the compensation for donation for research." The board said researchers should follow the same guidelines as infertility clinics that receive donated eggs for infertile couples. Under those guidelines, payments exceeding $5,000 must be justified, and those exceeding $10,000 are considered excessive (Washington Post, 6/26). Robert Klitzman, director of the master"s degree program in bioethics at Columbia University and a member of the stem cell board"s ethics committee, said the payments will be carefully evaluated by an institutional review board (New York Times, 6/26).The Post reports that the decision goes against policies in other states that offer funding for embryonic stem cell research, as well as against current guidelines from scientific organizations like the National Academy of Sciences (Washington Post, 6/26). NAS guidelines, for example, prohibit paying women for eggs used in stem cell research. Similarly, the internal guidelines for New York-based groups like Rockefeller University, Cornell University and the Sloan-Kettering Institute prohibit financial compensation for donated eggs. However, researchers say that efforts to recruit unpaid donors have been unsuccessful and that the board"s decision will give New York an advantage in stem cell research (New York Times, 6/26). The decision was welcomed by scientists and other proponents of stem cell research, who said it will allow them to further research in areas like therapeutic cloning. The process, also known as somatic cell nuclear transfer, involves replacing the genetic material in a human egg with genes from the nucleus of a patient"s cell. The egg is then developed into an early embryo, which, in theory, could be used to produce stem cells that the patient"s immune system would not reject. Although the procedure has been unsuccessful so far, researchers say the board"s decision will help attract more donors, which will allow for more experiments. Egg donation involves weeks of hormone injections to stimulate the ovaries and a painful egg extraction procedure, which carries rare but serious risks. Other attempts at soliciting women to donate eggs for stem cell research have been unsuccessful, according to the Post.Some critics of the board"s decision said that paying women for eggs could lead to exploitation, especially for low-income women. Thomas Berg -- a Roman Catholic priest who is director of the Westchester Institute for Ethics and the Human Person and a member of the Empire State Stem Cell Board"s ethics committee -- said that in the current economic recession, paying a woman $10,000 to participate in a research project is an "undue inducement." He added that he thinks it "manipulates women" and "creates a trafficking in human body parts." Other opponents of the decision questioned if compensating women who donate eggs for research is indeed equivalent to the process for infertility treatments. Jonathan Moreno, a professor of bioethics at the University of Pennsylvania, said that donors recognize that egg donation for infertility treatments is a "very concrete good for society" but that "you can"t be sure any biological material you collect for research wi
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Medicare Fraud Taints California Device Maker And New Jersey Clinic

A California device maker settles a Medicare fraud case while a New Jersey doctor and his office manager are accused in a Medicare fraud scheme. The Wall Street Journal / Dow Jones reports: "Endoscopic Technologies Inc., a privately held medical-device manufacturer, will pay $1.4 million to settle Medicare fraud claims related to surgical ablation devices used in heart surgery, the U.S. Department of Justice said Tuesday. U.S. officials alleged the San Ramon, Calif., company paid kickbacks to health-care providers that used its ablation devices and advised them on how to seek inflated Medicare payments for procedures using the devices. In addition, the Justice Department said the company, known as Estech, promoted surgeries using ablation devices when less-invasive procedures would have been appropriate and that it marketed the devices to treat abnormal heart rhythm, a use unapproved by the U.S. Food and Drug Administration" (Burns, 7/14). The Oakland Tribune reports on the same case: "The government said these actions violated the Food, Drug and Cosmetic Act and led to submission of false and fraudulent claims in violation of the False Claims Act. ... The case against Estech was filed in federal court in Texas under the False Claims Act"s "qui tam" provisions, which let private citizens sue on behalf of the United States and receive part of any settlement or judgment. The filer for this case will get $210,000. Similar lawsuits against other surgical ablation device makers are still pending in Texas" (Richman, 7/14). In a separate case, The Star-Ledger reports on a New Jersey doctor accused of fraud at the Center for Lymphatic Disorders in Egg Harbor Township: "An Atlantic County surgeon and his office manager have been charged with defrauding Medicaid, Medicare and private insurance companies out of more than $8.5 million, state officials announced yesterday. Khashayar Salartash, 42, of Linwood and his office manager, Farah Iranipour Houtan, 51, of Egg Harbor Township, allegedly conducted the fraud between August 2002 and June 2007 while working at Salartash"s treatment center, The Center for Lymphatic Disorders LLC. State officials said Salartash and Houtan fraudulently received $593,363 from Medicaid, $4.7 million from Medicare and $3.3 million from private carriers after improperly billing for services." The paper notes: "The eight-count indictment, issued Monday by a state grand jury, includes charges of conspiracy, health care claims fraud, Medicaid fraud and misconduct by a corporate official. State officials said the defendants claimed Salartash had personally provided or supervised medical services, when in fact they were separately performed by a therapist or nurse. They also allegedly billed for surgery when only therapy services were provided" (Megerian, 7/15). This information was reprinted from kaiserhealthnews.org with kind permission from the Henry J. Kaiser Family Foundation. You can view the entire Kaiser Daily Health Policy Report, search the archives and sign up for email delivery at kaiserhealthnews.org. © Henry J. Kaiser Family Foundation. All rights reserved.


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